The Law of Lending Discrimination, June 2010

The purpose of this article is two-fold. First, it provides an overview of the types of lending discrimination, discusses what laws apply to lending discrimination, and explains how to establish a prima facie case and pretext. This discussion will borrow concepts and case law from the areas of employment discrimination and the related issue of rental discrimination. Each of these areas share similar required elements as well as the need to establish pre-text. Second, this article provides an overview of predatory lending practices, applicable law, and potential remedies.

Investigation of County Treasurers' Tax-Sale Registration Fees, June 2007

On January 2, 2007, the Ombudsman received a complaint regarding the fee that county treasurers charge registrants at annual tax sales. The complainant said generally that many of the state’s counties, especially larger ones, appeared to be charging higher fees than was thought to be allowed by law. Investigation The investigation was conducted by Assistant Ombudsman Bert Dalmer. For purposes of this report, all investigative actions are ascribed to the Ombudsman. In early 2007, the Ombudsman surveyed tax-sale registration fees in 10 of the state’s 99 counties. Interviews of 10 county treasurers and/or some of their deputies were conducted. In addition, the Ombudsman researched the Iowa Code and relevant case law. The Ombudsman also consulted with the Iowa State Auditor and the president of the Iowa State County Treasurers Association.

Investigation of Luther City Council Violation of Open Meetings Law, 2006

Case File 0603454 The Ombudsman received a complaint on August 29, 2006 alleging violations of the Iowa Open Meetings Law by the Luther City Council (Council) in its meeting on August 2, 2006. Based upon my review of the complaint, I identified the following allegations for investigation: • The Council violated Iowa Code section 21.5 by failing to announce the reason session on the August 2, 2006 meeting agenda. • The Council violated Iowa Code section 21.5 by holding a closed session for an impermissible reason. • The Council violated Iowa Code section 21.5(2) by discussing unrelated issues in the closed session.

A clear case for Iowa : where the dream still works!, 1987

This document reflects the ability of private and public sectors in Iowa working together for the benefit of the entire state. It showcases Iowa's assets towards businesses and assists them in evaluating locations in Iowa.

Water planning law and government.

Water planning efforts typically identify problems and needs. But simply calling attention to issues is usually not enough to spur action; the end result of many well-intentioned planning efforts is a report that ends up gathering dust on a shelf. Vague recommendations like “Water conservation measures should be implemented” usually accomplish little by themselves as they don’t assign responsibility to anyone. Success is more likely when an implementation strategy — who can and should do what — is developed as part of the planning process. The more detailed and specific the implementation strategy, the greater the chance that something will actually be done. The question then becomes who has the legal authority or responsibility to do what? Are new laws and programs needed or can existing ones be used to implement the recommendations? ... This document is divided into four main parts. The first, “Carrots and Sticks” looks at two basic approaches — regulatory and non-regulatory — that can be, and are, used to carry out water policy. Both have advantages and disadvantages that need to be considered. The second, “The powers of federal, state and local governments…,” looks at the constitutional powers the federal government and state and local governments have to carry out water policy. An initial look at the U. S. Constitution might suggest the federal government’s regulatory authority over water is limited but, in fact, its powers are very substantial. States have considerable authority to do a number of things but have to be mindful of any federal efforts that might conflict with those state efforts. And local governments can only do those things the state constitution or state legislature says they can do and must conform to any requirements or limitations on those powers that are contained in the enabling acts. Parts three and four examine in more detail the main programs and agencies at the federal level as well as Iowa’s state and local levels and the roles they play in national and state water policy.

Mission-Oriented Dust Control and Surface Improvement Processes for Unpaved Roads, HR-194, 1981

Six subject areas prompted the broad field of inquiry of this mission-oriented dust control and surface improvement project for unpaved roads: • DUST--Hundreds of thousands of tons of dust are created annually by vehicles on Iowa's 70,000 miles of unpaved roads and streets. Such dust is often regarded as a nuisance by Iowa's highway engineers. • REGULATIONS--Establishment of "fugitive dust" regulations by the Iowa DEQ in 1971 has created debates, conferences, legal opinions, financial responsibilities, and limited compromises regarding "reasonable precaution" and "ordinary travel," both terms being undefined judgment factors. • THE PUBLIC--Increased awareness by the public that regulations regarding dust do in fact exist creates a discord of telephone calls, petitions, and increasing numbers of legal citations. Both engineers and politicians are frustrated into allowing either the courts or regulatory agencies to resolve what is basically a professional engineering responsibility. • COST--Economics seldom appear as a tenet of regulatory strategies, and in the case of "fugitive dust," four-way struggles often occur between the highway professions, political bodies, regulatory agencies, and the general public as to who is responsible, what can be done, how much it will cost, or why it wasn't done yesterday. • CONFUSION--The engineer lacks authority, and guidelines and specifications to design and construct a low-cost surf acing system are nebulous, i.e., construct something between the present crushed stone/gravel surface and a high-type pavement. • SOLUTION--The engineer must demonstrate that dust control and surface improvement may be engineered at a reasonable cost to the public, so that a higher degree of regulatory responsibility can be vested in engineering solutions.